California Based Birim Loses Appeal Against Nduoum

The United States Federal Court in Chicago has dismissed an appeal filed by Birim Group against Dr. Papa Kwesi Nduom and 18 others over allegations of money laundering.

The court presided over by district court judge, Thomas M. Durkin, of Chicago, Illinois, said the appeal is an action that will only end in futility.

“Having reviewed the parties’ submissions, the Court finds that amendment would be futile and denies Plaintiff’s motion,” Judge Durkins said.

“For these reasons, Plaintiff’s motion for leave to amend its complaint, R. 26, is denied. Except as otherwise stated in the Court’s prior order, dismissal of all claims is without prejudice to refiling in an appropriate forum. Civil case terminated,” he said.

It would be recalled that on November 23, 2021, the Court dismissed Birim Group’s case, after it found that it had not alleged a domestic injury necessary under Racketeer Influenced and Corrupt Organizations (RICO) and failed to state a claim under most of its common-law theories.

Birim is a California-based Limited Liability Company, whose sole member was the lawyer, who filed the complaint against Dr. Paa Kwesi Nduoum and 18 others.

It had purchased $52,219 and $30,000 claims against companies in Ghana from two citizens of its citizens, Ms. Sekyere and Mr. Barimah.

However, the Court found no supporting facts for the allegation and had gone on to dismiss it.

The Court further held that any remaining claims against the Ghanaian institutions were properly dismissed.

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